icon Divorce

How to file divorce


A. Dear client, if you want to get divorce file a petition in the court through your advocate under sec 13 of hindu marriage act if it is a hindu marriage. On filing the petition in the court, it accordingly after hearing the both sides can grant divorce.

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icon Question about Alimony Timing in Divorce

I hope this message finds you well. I have a couple of questions regarding the timing of alimony requests in divorce cases. 1) when is the appropriate time for a wife to ask for alimony during divorce


A. Dear client, you can ask for alimony during the divorce proceedings in the court. The appropriate time would be when the court will be granting divorce to you.
It is possible for you to ask alimony after court has granted the divorce.
Yes, wife can be granted permenant alimony after getting maintenance under sec 25 of hindu marriage act.

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icon Question about Alimony Timing in Divorce

I hope this message finds you well. I have a couple of questions regarding the timing of alimony requests in divorce cases. Firstly, in the divorce cases, when is the appropriate time for a wife to a


A. Dear Client,
Alimony payments typically begin after a divorce is finalized, and a court order has been issued. The timing may vary depending on the specific circumstances and the legal process in each jurisdiction. However, the Court also grants interim maintenance on appeal while court proceedings are pending, which is a topic covered under Section 36 of the Special Marriage Act. The wife might apply to the court if the district court finds that she does not earn enough money on her own to main ...ReadMore

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icon Wife and in laws threatening for fake cases

My marriage is love marriage, and before marriage I was planning to take flat so that I can live with her after marriage as my current home was 1 bhk and my parents and Bhaiya bhabhi was living there.


A. Dear Client,
Under Section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent ...ReadMore

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icon Advice needed

My husband and I had love marriage for more than 3 years. Before that we knew each other for 3 years. My husband was abusive and rude but somehow I convinced myself he will change and he had become be


A. Dear Madam,
You may immediately file multiple cases against your husband and follow the below given guidelines for house loan.

Joint Ownership of Property
Differentiating co-owners and co-borrowers
Joint-owners or co-owners are those people who have a share in the said property. More than one person can be the owner of a property. Joint property owners most of the times are spouse or it could be parents, children or siblings. A property can also be jointly owned with anyone- it could be friend ...ReadMore

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icon Contested divorce appeal after 120 days

Husband remarried after appeal period and before he gets private court notice from apeal party (ex wife). The apeal.was filed by ex-wife 120days from the initial judgement with 151CPC petition. Is the


A. Dear Sir,
The second marriage is valid since your wife was not diligent to file the appeal and get a stay before appeal period is over. More so, now it is settled that appeal period in family cases is only 30 days as per the following provision of law.

“THE FAMILY COURTS ACT, 1984

19. Appeal: (1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure,1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law ...ReadMore

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icon Second marriage can I get divorce

I get my second marriage 2023,and I have 16 year old daughter and he also have 2 kids one is 8 years and another one is 2 .last year 2023 a person who is already widow before he said and promise to me


A. Dear Client,

In cases involving cheating and fraud, it may be possible to file for divorce on these grounds. While typically divorce cannot be initiated within the first year of marriage, exceptions can be made in extraordinary circumstances such as those involving deceit or infidelity.

If you believe your situation warrants immediate action, it's advisable to consult with a qualified family law attorney who can assess the specifics of your case and guide you through the divorce process. They ...ReadMore

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icon Divorce with mutual concent

Me and my wife both are working. She earns close to 2.4lac a month and i earn close to 1 lac per month. She has asked for divorce without any reason saying compatibility issues after 12 years of marr


A. Dear Client,

In the event of disputes between married couples, resolution can either occur through mutual understanding or legal intervention. If the relationship becomes irretrievable, a mutual divorce with a court decree may be pursued. A legal option is to file a petition under Section 9 of the Hindu Marriage Act, 1955, seeking the restitution of conjugal rights. This remedy is available to either the husband or wife who has been unjustifiably deserted or separated.

If successful in a Sect ...ReadMore

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icon Divorce case- Husband absconding

Husband abandoned me and my 8 year old daughter since 3 years. I filed maintainence and divorce case. He only attended counselling single session when i was not present. Since then matter proceeded t


A. Dear Client,

If your husband fails to appear before the court despite three registered posts of summons, you may need to seek permission from the court for publication in a local daily newspaper where your husband resides. If he still does not appear, the court may proceed ex-parte.

For claiming maintenance, you can adopt two simultaneous processes:

1. Under Section 125 of the Code of Criminal Procedure (CrPC).
2. Under Section 18 of the Hindu Adoptions and Maintenance Act.

The amount of ma ...ReadMore

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icon Mutual Consent Divorce

No alimony, maintenance or any sum but requested 20 lakhs as educational expenses for the kid who is 11 years old or take kids custody. Initially husband agreed for 10 Lakh, but later said would take


A. Dear Client,

Regarding the amount of alimony in divorce cases, there is no fixed rule for a one-time alimony payment. However, the court has the authority to grant a percentage of the husband's or wife's net worth, typically ranging from one-fifth to one-third, as alimony. The Supreme Court of India has indicated that 25% is considered a just and proper benchmark for one-time alimony settlements. In cases where alimony is paid monthly, the Supreme Court has set a benchmark of 25% of the husban ...ReadMore

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